The Elections System supervisor has ruled that Sen. Alicia "Chucky" Hansen’s name will not be included on the November general election ballot, but officials and Joint Board of Elections members said Friday that they expect Hansen’s camp will soon take the matter back to court.
Gov. John deJongh Jr. on Wednesday pardoned Hansen for her 2009 conviction on charges of failing to file tax returns, which appeared to open up the door for Hansen to run again after a V.I. Supreme Court ruling last week declared that she would not be eligible.
The Organic Act of 1954 forbids anyone on parole or probation for a felony or for a conviction of "a crime of moral turpitude" from exercising the right to vote or run for office. However, on two separate occasions, either St. Croix Board of Elections members or system officials deemed her eligible to run, saying that her convictions did not amount specifically to crimes of “moral turpitude.”
This spring, Adelbert Bryan, chairman of the St. Croix District Board of Elections and a former senator, asked Supervisor of Elections Caroline Fawkes to review Hansen’s nomination papers for this fall’s election. Fawkes determined Hansen was qualified. Bryan petitioned Superior Court, saying Fawkes erred because her three misdemeanor convictions constitute "crimes involving moral turpitude.”
Last week, the court, in an opinion written by Chief Justice Rhys S. Hodge, ruled that Hansen’s misdemeanor convictions constituted moral turpitude and ordered her name removed from the ballot. Her attorney immediately applied for relief from the governor, asking for a pardon.
The pardon was granted Wednesday, and Joint Board of Elections members met Friday to discuss whether the decision would keep Hansen on the ballot for November. The item was moved into executive session early in the meeting and was not fully heard by the end, since the board broke into a heated argument and later took a recess to reconvene on Sept. 11.
Fawkes, however, said afterward that Hansen’s camp brought the pardon to her office Thursday afternoon and, at the time, she told them that based on the court’s decision, Hansen’s name would be off the ballot.
“I stand on my decision that she was qualified before, but now with the court order, it has to be set aside,” Fawkes said. “And just like I got a court order to take her off, I need a court order to put her back on, so I expect this to go back to court soon. If I get another court order to put her back on the ballot, that’s what I’ll do.”
Fawkes said the Elections System does have to get the ballots out for the November election and expects any future ruling from the courts to come down quickly if the matter is sent back to them.
Because of the recess, Joint Board members also did not get the chance to deal with another Elections System challenge brought by Adlah Donastorg, who is asking for a do-over of this year’s primary election.
In his complaint, Donastorg, who put in a bid for governor but got knocked out during the primary, raised at least 20 questions or concerns from bad weather to double voting. The complaint was discussed last month by the St. Thomas-St. John Board of Elections but was sent to the Joint Board for further vetting.
